Legal Opinion

Timmons v. Mathis

Court of Appeals of Georgia

Decided September 23, 1911No. 2976, 3008PublishedCited by 5 opinions

Affidavit of illegality; from Berrien superior court — Judge Merrill. August 20, 1910.

1Opinion of the CourtHill, C. J.

1. While the superior court is, ordinarily speaking, a court of general jurisdiction, still, on certiorari and appeal from a justice’s court, its jurisdiction is limited; and this limitation is, in the main, in accordance with the jurisdiction of the lower court. •

2. In a claim case the only issue ordinarily presented is: Is the property subject? An exception to this general rule exists where, by reason of the filing of supplemental equitable pleadings, the ease is converted from a simple claim case into an equitable or quasi-equitable proceeding. As a justice’s court is without jurisdiction…

2Cited by5 opinions

  1. Gormley v. CleavelandSupreme Court of Georgia · 1939
  2. Medlock v. Morgan County BankCourt of Appeals of Georgia · 1919
  3. Harrell v. KelleyCourt of Appeals of Georgia · 1918
  4. Moseley v. BinfordCourt of Appeals of Georgia · 1924
  5. Gray v. RileyCourt of Appeals of Georgia · 1933

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